# AFFARS MP5315.403-1

#### Mandatory Procedure

MP5315.403-1
Prohibition on Obtaining Cost or Pricing Data

March 2007

(c) Standards for exceptions for cost or pricing data requirements.

(4) Waivers

(S-90) Requests for waiver of certified cost or pricing data shall include, in addition to a clear description of the methods to be used to determine the price reasonable, the following additional information (when a subcontractor has refused to provide cost or pricing data to a prime contractor, each item of the information required shall cover both the prime contract and subcontract):

(i) Contract type and number, RFP or purchase request number, including supplemental agreement number;

(ii) A concise description of supplies or services being purchased;

(iii) Any outside influences or time pressures;

(iv) Complete company name and location;

(v) If applicable, a complete description of the data the contractor or subcontractor refuses to submit and the basis for refusal (include all correspondence);

(vi) If applicable, names and titles of the contractor and/or subcontractor personnel contacted and the Government personnel making the contact; and

(vii) A summary statement of the approval action being requested.

(5) Reporting Requirements

In order to fulfill the requirement for DoD to submit an annual report to Congress, MAJCOM/DRU Senior Contracting Officials (SCO) shall annually identify and report cost and pricing data waivers and exceptions. HQ AFMC/PKPB has been designated as the Air Force focal point for consolidation of the reports. Submit a copy of the approved waiver along with the following details to HQ AFMC/PKPB no later than 15 October each year:

Commercial Item Exceptions to TINA Requirement
(Contracts/Subcontracts/Modifications of $15,000,000 or more)

1. Contract Number: (Contract Number, including Modification Number if applicable):

2. CLIN(s) for excepted item(s):

3. Activity:

4. Total dollar amount of exception:

5. Brief explanation of basis for determination that the products or services to be purchased are commercial items.

6. Brief discussion on how the price was determined to be fair and reasonable including an identification of specific steps taken to ensure price reasonableness.

Waiver of TINA Requirements
(Actions of $15,000,000 or more)

1. Contract Number: (Contract Number, including Modification Number if applicable).

2. CLIN(s):

3. Activity:

4. Total dollar amount waived:

5. Brief discussion of rationale supporting decision to waive TINA requirements.

6. Brief discussion on how the price was determined to be fair and reasonable.

If no waivers or exceptions were granted during the previous fiscal year, MAJCOM/DRU SCOs shall submit a negative report to HQ AFMC/PKPB no later than 31 October.

HQ AFMC/PKPB shall consolidate all of the MAJCOM and DRU reports and submit a final report to SAF/AQCP no later than 8 November each year.